Boat damaged in the marina - what to do (legal advice)

[Koeketiene]

Late June, a squib moored not far from us to a healthy chunk out of our gelcoat (we were not aboard at the time).
Left a hole the size of a £2 coin and about half an inch deep.
No note was left.

However, another boat berthed nearby saw the whole thing and mentioned this to us when we were next aboard.
I inquired at the marina office if anyone had reported the incident - this was not the case.

The marina then contacted the owner of the 'offending' squib. At first the owner denied flat. However when the marina mentioned that their had been witnesses who had identified boat and crew the owner thought it might have been his son.
The son then admitted having taken the boat out without his father's knowledge and he admitted to the incident.
The son later contacted me and apologised. Said he would contact the yard to remedy the damage to my satisfaction.

Since then, the yard has not been contacted nor have I been successful in contacting the other party.

Two weeks ago, I once again spoke to the marina. They contacted the boat owner and he said that as far as he was concerned it was nothing to do with him as his son was over 21. He did say that he would urge his son to get in touch.

So far, I have not heard a word and frankly I am fed up. I did obtain a quote to get the damage repaired (£396.96).
The marina is not willing to give me the details of the squib owner (data protection).

Given the relatively small sum involved (and my excess) I do not want to claim on my own insurance. On the other hand, since I did not cause the damage and I know who did, I do not want to pay for it out of my own pocket.

What avenues are open to me - if any?

All helpful replies greatly appreciated.

 

[BrianH]

Surely your insurance will pursue the culprit and additionally claim for any losses (e.g. NCB) you may incur?

 

[sailorman]

Late June, a squib moored not far from us to a healthy chunk out of our gelcoat (we were not aboard at the time).
Left a hole the size of a £2 coin and about half an inch deep.
No note was left.

However, another boat berthed nearby saw the whole thing and mentioned this to us when we were next aboard.
I inquired at the marina office if anyone had reported the incident - this was not the case.

The marina then contacted the owner of the 'offending' squib. At first the owner denied flat. However when the marina mentioned that their had been witnesses who had identified boat and crew the owner thought it might have been his son.
The son then admitted having taken the boat out without his father's knowledge and he admitted to the incident.
The son later contacted me and apologised. Said he would contact the yard to remedy the damage to my satisfaction.

Since then, the yard has not been contacted nor have I been successful in contacting the other party.

Two weeks ago, I once again spoke to the marina. They contacted the boat owner and he said that as far as he was concerned it was nothing to do with him as his son was over 21. He did say that he would urge his son to get in touch.

So far, I have not heard a word and frankly I am fed up. I did obtain a quote to get the damage repaired (£396.96).
The marina is not willing to give me the details of the squib owner (data protection).

Given the relatively small sum involved (and my excess) I do not want to claim on my own insurance. On the other hand, since I did not cause the damage and I know who did, I do not want to pay for it out of my own pocket.

What avenues are open to me - if any?

All helpful replies greatly appreciated.

Sorry to hear that Guapa.
Nail a Writ to his mast ( you might need a self tapper )

A condition in the berthing contract will the need for insurance. Is the owner actually trying to say that whilst his son used the boat without permission he wasnt insured. I dont think so. Ask the marina for the name of the insurance Co involved.
Write to HPYC Commodore, stating the facts about possibly one of their members , who is less than honourable.
Try to get sight of a HPYC Year Book, they have Boat & owners name

 

[A1Sailor]

Is a marina really not allowed to provide you with the contact details of another berth holder due to data protection? Surely they have a duty of care to provide this information to you.

 

[Tranona]

Start proceedings through the small claims track. First write to him explaining the evidence you have and give him the opportunity to pay for the damage and set a time limit. Remind him that you will be taking legal action to recover the costs. Send a copy to his father (owner of the boat) reminding him that he is responsible for any damage caused by his boat. Copy to the marina. If no response file the claim and stand back.

 

[sailorman]

Start proceedings through the small claims track. First write to him explaining the evidence you have and give him the opportunity to pay for the damage and set a time limit. Remind him that you will be taking legal action to recover the costs. Send a copy to his father (owner of the boat) reminding him that he is responsible for any damage caused by his boat. Copy to the marina. If no response file the claim and stand back.

He doesnt know who owns the Squib but the Club & marina will know but are hiding behind the FoIA

 

[Talulah]

Start proceedings through the small claims track. First write to him explaining the evidence you have and give him the opportunity to pay for the damage and set a time limit. Remind him that you will be taking legal action to recover the costs. Send a copy to his father (owner of the boat) reminding him that he is responsible for any damage caused by his boat. Copy to the marina. If no response file the claim and stand back.

I'm not sure that's correct. The owner doesn't necessarily become liable for any damage caused by their boat. They would only be liable if they were negligent in some way. Remember the insurance is to protect them, not the third party.
As it stands the OP would need the name and address of the son. A claim against the owner would be thrown out.

 

[A1Sailor]

He doesnt know who owns the Squib but the Club & marina will know but are hiding behind the FoIA

+1
Follow the owner to his house to get his address? With any luck his name might be on the front door...

 

[maxi77]

I suspect that if you include the marina in your small claims action they will find a way of passing the information you need to you. Data protection is a cop out and in my opinion makes them equally liable as they are colluding with others to prevent you claiming

 

[sailorman]

+1
Follow the owner to his house to get his address? With any luck his name might be on the front door...

Only if he were a Dutchman

 

[Bobc]

Chain his boat up with a sodding-great padlock, and leave a note saying that you'll take the lock off once his son has paid for the damage.

 

[A1Sailor]

Only if he were a Dutchman

I don't get it. He is more likely to have his name on the door than somebody else's. His son might have the same name, but to be fair might not.

 

[sailorman]

Chain his boat up with a sodding-great padlock, and leave a note saying that you'll take the lock off once his son has paid for the damage.

A sort of Writ then

 

[A1Sailor]

Start a thread on Scuttlebutt, then draw the owners attention to it.

 

[sailorman]

I don't get it. He is more likely to have his name on the door than somebody else's. His son might have the same name, but to be fair might not.

Most Dutch have their name on their doors, & mostly the door is exceptionally well painted

 

[Talulah]

Turn the cards. Contact the marina apologising for damaging the offenders boat but could they pass your details on to him. When he then calls back enquiring about the damage grab his details.

 

[Biggles Wader]

There must be a reason why the marina insists on every boat having third party insurance.I suspect they must provide you with details of that insurance(which they will hold on file)if a boat berthed in their marina causes damage to a third party.

Further options would definitely include making sure everyone in the marina knows what has happened and who is shirking their responsibilities and behaving badly.Nothing like naming and shaming in a small community.

 

[bbg]

I suspect that if you include the marina in your small claims action they will find a way of passing the information you need to you. Data protection is a cop out and in my opinion makes them equally liable as they are colluding with others to prevent you claiming

+1.

 

[photodog]

As this is a claim for damage following a collision, then you could pursue a maritime lein under admiralty law against the vessel...

Going to the high court for £386 quid may be a bit ott of course...

But really the marina not giving you the details of the third party is BS.

 

[Koeketiene]

Write to HPYC Commodore, stating the facts about possibly one of their members , who is less than honourable.
Try to get sight of a HPYC Year Book, they have Boat & owners name

Good advice.
Boat owner is indeed a HPYC member.
Found owners name on the HPYC 2013 Squib Races result table.
Any HPYC member willing to help me obtain the address?